Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12073
SECOND DIVISION Docket No. 11588-T
91-2-88-2-66
The Second Division consisted of the regular members and in
addition Referee Edward L. Suntrup when award was rendered.
(Sheet Metal Workers International Association
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM:
The Chicago and North Western Transportation Company, hereinafter
referred to as the Carrier, violated the provisions of the current and
controlling agreement, in particular Rules 53 and 103, when they improperly
assigned Machinist Larry Nyc to weld on hinges and install a door fabricated
by the Carrier's Sheet Metal Workers, on locomotive engine numbered 1218 at
the Carrier's M-19A Diesel Locomotive Repair facility, on April 10, 1987.
THAT ACCORDINGLY THE CARRIER BE ORDERED T0:
Compensate Sheet Metal Worker/Welder David Rice in the amount of
eight (8) hours pay at the pro rata rate, for the above violation.
FINDINGS:
The Second Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The claim filed by the Organization stems from the Carrier's assignment of a Machinist to weld the hinges on a locomotive cab door in preparation
for the installation of the door on the locomotive. The Organization alleges
that the assignment was improper because this was Sheet Metal Workers' work.
The applicable Rules read as follows:
Form 1 Award No. 12073
Page 2 Docket No. 11588-T
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"RULE 53
Performing Work - Who
Mechanics' work as defined in the special rules of
each craft will be performed by mechanics, regular
and helper apprentices to the respective crafts."
"RULE 103
Sheet Metal Workers Work
Sheet Metal Workers' work shall consist of tinning,
copper-smithing, and pipefitting in shops, yards, and
buildings; on passenger coaches and engines of all
kinds, the building, erecting, assembling, installing, dismantling, and maintaining parts made or sheet
copper, brass, tin, zinc, white metal, lead, black,
planished, pickled and galvanized iron of 10 gauge
and lighter (present practice between Sheet Metal
Workers and Boilermakers to continue relative to
gauge of iron) including brazing, soldering, tinning,
leading, and babbitt the bending, fitting, cutting,
threading, brazing, connecting, and disconnecting of
air, water, gas, oil, and steam pipes, the operation
of pipe threading machines; oxy-acetylene, thermit,
and electric welding on work generally recognized as
Sheet Metal Workers' work, and all other work generally recognized as Sheet Metal Workers' work."
Absent resolution of this Claim on the property it was docketed before this Board for final adjudication. The Board advised the International
Association of Machinists and Aerospace Workers of its right to submit a
Third-Party Submission in accordance with Section 3, First (j) of the Railway
Labor Act. A Third-Party Submission by that Organization is part of the record. The Organization filing the claim was permitted to respond. It chose
not to do so.
The facts of this case are that a Sheet Metal Worker employed at the
Carrier's California Avenue Facility was used to fabricate the skin for a
locomotive cab door out of 14-gauge metal. The door assembly was then shipped
to the Carrier's M-19A Locomotive Shop where it was installed on Engine No.
1218 by a Carman assisted by a Machinist. The Machinist's work included welding hinges on the door. It is uncontested that the door frame is made of
channel iron which is heavier than 10-gauge metal, and that the hinges themselves were also heavier than 10-gauge metal.
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The crux of the Organization's argument is that since its craft was
assigned to the fabrication of the door in question, due to Agreement requirements with regard to the gauge of metal, then this craft should also have been
assigned to weld the. hinges on the door. The Organization did not object to
the Carmen being assigned to the installation of the door. This entire dispute centers upon the actions by the Machinist.
The Carrier rejected the Organization's claim by stating that neither
Rules 53 nor 103 of the applicable Agreement were violated since these Rules
do not assign the welding of heavier than 10-gauge metal to the craft filing
the claim. If any craft had an Agreement right to the work, it would have
more appropriately been the Boilermakers craft according to the Carrier, in
view of the specific language of that craft's Agreement Rule 60 which assigns
to them metal of "16 gauge or higher." Further, the Carrier objected to the
Organization's claim for eight (8) hours because the Claimant lost no pay
because of the assignment in question since he had remained fully employed.
After reviewing the record the Board must conclude that the Organization's claim is without merit. Rule 103 assigns to the Sheet Metal Workers
work with. metal that is "10-gauge and lighter." Rule 103 only assigns to the
Sheet Metal Workers work with metal that is "10-gauge or lighter" as a matter
of contractual right. Additionally, although the Organization disputes the
Carrier's position that Machinist's have performed the work of the type as a
matter of past practice, the Sheet Metal Workers have failed to offer any
evidentiary support for this assertion.
In summary, neither Rules 53 nor 103 of the applicable Agreement
assign the aggrieved work to the Organization. This Board has consistently
held that the burden is on the Organization to prove by competent evidence
that work it claims to have been reserved to its members be reserved to them
historically, traditionally, and customarily on system-wide basis (Second
Division Awards 5525, 5921). That burden has not been adequately met here.
On the record as a whole the Board must deny the claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy g-09rer - Executive Secretary
Dated at Chicago, Illinois, this 10th day of July 1991.